Declaration of one’s Morton Regal Commission towards Matrimony and Divorce or separation
“the latest dispute from regulations is liable in order to provide unforeseen dilemmas and also if we had gone using every guidelines dealing which have including subjects because relationship, validity and you will series using this reason for notice (hence you will find perhaps not attempted to carry out) it could be rash to say that there have been not one instances where established regulations won’t performs if for example the wife and husband got separate homes” 13 .
Basic Report that only in cases where a judicial separation had been obtained should a married woman be capable of acquiring an independent domicile. There was no legislative response to the Committee’s Reports during the Nineteen Sixties, but the subject of domicile was considered in two other reports, the Statement of one’s Panel on Ages
off Vast majority (the “Latey Statement”) 15 and the Declaration of one’s Panel of Inquiry to examine what the law states Linked in order to Female (the “Cripps Declaration”) 16 .
Great amount to your Reasonable Sex
The Latey Report on the age of majority was published in 1967. The Report dealt only briefly with the question of domicile, stating that the Committee had “received little evidence on it” 17 . The Committee considered that, in the light of previous reports on the general subject of domicile, it was “not justified” 18 in making any recommendations concerning the law of domicile affecting persons under 21 other than that the age for capacity to acquire an independent domicile should be reduced to 18 years; and the Report so recommended 19 .
The Cripps Report (the Report of the Committee of Inquiry set up by Mr Edward Heath M.P. to examine the law relating to women) was published by the Conservative Political Centre in 1969. It was entitled . On the question of domicile, the authors of the Report considered that the domicile of dependency
out-of partnered ladies, “with the resource from the common law subjection of the wife with the spouse, try a definite example of discrimination and you will produces particular absurdities” 20 . While the Committee thought that “it can produce overcomplication and other undesired overall performance (particularly when considering tax) if the a husband and wife way of life with her had separate homes” 21 , they reported that they could “see no justification to have a spouse having to always maintain the lady husband’s domicile as pair are now life style independent and apart (the right position from what life at which Courts tend to select and no insuperable difficulty) regardless of if there is one Courtroom Buy, divorce otherwise official separation” twenty-two . Properly, this new Panel best if:
“a wedded lady, once she actually is life style separate and you will except that their husband (otherwise ex-husband), 
shall be handled likewise because one girl and are entitled to her own domicile some separately of their” 23 .
The English Law Commission and the Scottish Law Commission, which examined the question of married women’s domicile in the limited context of jurisdiction for certain matrimonial proceedings, recommended 24 in 1972 that for the
Law Com. No.48, Article on legislation in Matrimonial Grounds (1972); Scot. No.25, Summary of legislation in the Consistorial Grounds Impacting Matrimonial Condition. See also the (1951–55) (Cmd. 9678) which in para.825 and Appendix IV (para. 6) recommended that for the purposes of divorce jurisdiction a married woman should be able to claim a separate domicile. (Cp. the concept of proleptic domicile, dealt with supra).
reason for legislation within the split up, nullity and official break up, the domicile of a married woman should be determined independently of that of her husband. The following year, the Domicile and Matrimonial Legal proceeding Operate 1973 finally resolved the question, but went further by allowing a e way as any independent person may. The Act was the result of a Private Member’s Bill introduced in 1972 by Mr Ian MacArthur, M.P. Section 1(1) of the Act provides that the domicile of a married woman: